Panamerica Trade, Inc. v. Boys

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

PANAMERICA TRADE, INC., etc.,

Plaintiff,

v. CASE NO. 3:25-cv-473-MMH-SJH

FOOD SERVICE GASKETS, LLC, etc., et al.,

Defendants. ________________________________/

ORDER THIS CAUSE is before the Court on Plaintiff’s Motion for Entry of Clerk’s Default Against Baliwag LLC (“Motion”). Doc. 49. The Motion is due to be denied without prejudice. The Motion “fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support.” See Staley v. Health First, Inc., No. 6:24- cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024); see also Gardner v. Mutz, 488 F. Supp. 3d 1204, 1207 (M.D. Fla. 2020) (“[T]he Motion violates Local Rule 3.01(a) because it fails to include a memorandum of law. . . . The Motion is little more than one page long in substance and merely mentions Federal Rule of Civil Procedure 15(a)(2) in one sentence, which falls far short of being a memorandum of law.”). Proper service is a prerequisite to a clerk’s default, but the Motion fails to adequately address, with citations to authority, that service of process on Baliwag LLC was proper. See Staley, 2024 WL 2815858, at *1. Accordingly, Plaintiff's Motion (Doc. 49) is denied without prejudice. DONE AND ORDERED in Jacksonville, Florida, on August 22, 2025.

(z J. Horovitz United States Magistrate Judge Copies to: Counsel of Record